Republic of the Philippines

Province of Bukidnon
CITY OF MALAYBALAY
* * *
Office of the Sangguniang Panlungsod
EXCERPT FROM THE MINUTES OF THE 29TH REGULAR SESSION OF THE THIRD
SANGGUNIANG PANLUNGSOD OF THE CITY OF MALAYBALAY, BUKIDNON, HELD AT THE
SP SESSION HALL ON AUGUST 9, 2005.
PRESENT: Hon. City Councilor Manuel L. Dinlayan, Temporary Presiding Officer
Hon. City Councilor Aurora F. Deticio
Hon. City Councilor Amado C. Estrada
Hon. City Councilor Provo B. Antipasado, Jr.
Hon. City Councilor Conrado M. Barroso
Hon. City Councilor Amador O. Melendez, Temporary Presiding Officer
Hon. City Councilor Melchor P. Maramara
Hon. City Councilor Clarita C. Carbajal
Hon. City Councilor Rhea Vyel C. Maskario
ABSENT : Hon. City Vice Mayor Ignacio W. Zubiri (Official Business)
Hon. City Councilor Jaime P. Gellor, Jr. (Official Business)
Hon. City Councilor Bob Roberto T. Casanova (Official Business)
Hon. City Councilor Elecita N. Bargola (On Leave)
---------------------------EXPLANATORY NOTE
Sponsored by Hon. Melchor P. Maramara
Co-Sponsored by Hon. Conrado M. Barroso
The existing Public Cemetery at Barangay 7, Malaybalay City is already full and can
no longer accommodate new burials. On the other hand, the Malaybalay Catholic
Cemetery located at the same address is full and only allows burials on the side if there
is a niche to be replaced. Beginning June 2005, the Diocese of Malaybalay plans to rearrange burials so as to maximize the use of the Catholic Cemetery for future burials and
further request of the relatives of those buried ten years and above to transfer the
remains to bone ossuaries or other cemeteries at their discretion. However, this scheme
cannot accommodate the requests for burials at the said cemetery.
In this regard, the City of Malaybalay is in dire need of establishing a Cemetery or a
Memorial Park that can address this problem. Please note that we are running out of time
and we have to double up our effort for this end.
Thus; the AD-HOC Committee formed by the Chief Executive finally came up with this
Ordinance.

ORDINANCE NO. 561

Series of 2005

AN ORDINANCE REGULATING THE ESTABLISHMENT, MANAGEMENT, MAINTENANCE

AND OPERATION OF THE MALAYBALAY CITY MEMORIAL PARK
WHEREAS, the City of Malaybalay is cognizant of the needs of the constituents
for a memorial ground as safe repository of their dead, conducive for the communing
with nature and a memorial part-type cemetery;
WHEREAS, an area at Casisang, Malaybalay City is an area designated for a
memorial type of public cemetery under the maintenance and operation of the City
Economic Enterprise Development and Management Office (CEEDMO);
WHEREAS, the enactment of this ordinance will redound to the benefit of the
constituents of the City of Malaybalay.
Section I. TITLE. This Ordinance shall be known as the CODE OF THE MALAYBALAY
CITY MEMORIAL PARK
Section II. SCOPE OF APPLICATION. This ordinance shall govern the establishment,
management and operation of the City-owned public cemetery, imposition and
collection of niche rentals, lot leases, bone depository charges and other rentals and
fees. This shall also govern the aesthetic maintenance, beautification and the whole
over-all landscaping of this separate enterprise.
Section III. AUTHORITY TO ESTABLISH A PUBLIC CEMETERY AND OTHER MEMORIAL
PARKS. The City of Malaybalay, pursuant to its existing laws, rules and regulations,
shall have the exclusive authority to establish, maintain and operate a public
cemetery and other memorial parks within its jurisdiction.
Section IV.
PROJECTS.

REGISTRATION AND LICENSING OF MEMORIAL PARK/ CEMETERY

A. Submission of Survey Returns. The owner/developer shall submit to the

HLUR BOARD an authenticated copy of the mother title together with the technical
description of the plot which shall form part of the certificate of lease/deed of sale
issued to each lessee/buyer.
B. Approved Certificate of Registration. Upon finding that the project may be
registered in accordance with the provision of these sections, the HLUR BOARD shall
cause to be published* at the expense of the applicant, a notice of the filing of the
registration statement in two (2) newspapers of general circulation; one published in
English and another in Filipino, once a week for two (2) consecutive weeks, reciting
that a registration statement for the lease/sale of the plots has been filed with the
HLUR BOARD and that the aforesaid registration statement as well as papers
attached thereto, are open to inspection during business hours by interested parties.
After two (2) weeks from the completion of the publication and upon
submission of the affidavit of publications, the HLUR BOARD shall, in the absence of
any impediment, issue a certificate of registration upon payment of prescribed fees.
C. Existing Memorial Parks/Cemeteries. The owner of an existing memorial
park/cemetery shall register the project with the HLUR BOARD within one year from

the effectivity of these ordinance** in filing a sworn statement in quadruplicate

containing information prescribed in the following sections:
> Memorial park/cemetery plan;
> Fact sheet containing the material information on the operations
of the project to include number of plots leased/sold; not yet
fully paid; accounts receivable; extent/status of land
development; and cost of complete development, where project is
not yet complied.
Section V. DEFINITIONS OF TERMS. For the purposes of this Ordinance, the following
shall be defined as follows:
1.

NICHE a recess or a cavity used in entombing the body of the dead.

2.

MAUSOLEUMS a large and stately tomb; a building housing a tomb(s).

3.

MEMORIAL PARK-TYPE CEMETERY a cemetery established, maintained,

and operated similar to a park with the monuments, sepulchers, tombs,
mausoleums, vaults, niches, chapels and fences constructed on the
premises under the perpetual care of the operator.

4.

VAULT a burial chamber especially built for underground.

5.

BONE DEPOSITORY a place where bones are reposed in wooden or

metal containers.

6.

CINERARIUM is a place for keeping the ashes of a cremated body.

7.

CREMATORY a furnace or place for the cremation of the deceased.

8.

COLUMBARIUM a concrete vault for urns containing ashes and bones.

Section
VI.
DESIGN
STANDARDS
AND
GUIDELINES
FOR
MEMORIAL
PARKS/CEMETERIES. Cemeteries or memorial parks shall conform with the land use
plan or zoning ordinance of the city government of Malaybalay, the pertinent
provisions of the Sanitation Code, Water Code, Applicable laws and rules affecting
related services and the following design standards:
1. General Provisions
A.) Site Criteria Cemeteries or memorial parks shall be located on the periphery of
the barangay or areas when it is sparsely inhabited* and where little hazard to
human life or health could result.
A.1.) Location
- Areas zoned for cemetery purposes
- Areas zoned as agricultural, provided, however, that the site is not
tenanted, and not covered by operation land transfer and not located in
areas covered by Comprehensive Agrarian Reform Program (CARP)
- Land not irrigated as certified by the National Irrigation Administration (NIA).
- It must be located on ground where the water table is not higher than four
and twenty-five (4.25) meters below the ground surface as certified by the
National Water Resources Board (NWRB).

A.2.) The site must be accessible by a road with a minimum width or right-ofway of not less than eight (8) meters.
B.) Design and Planning Considerations.
B.1.) Cemetery/memorial Parks must achieve flexibility in design and orderly
lay-out to respond to the various spatial requirements of burial and at
the same time for economic land use and environmental control.
B.2.) Land shall be judiciously allocated for various requirements and
amenities.
B.3.) Suitable areas shall be allocated for the planting of trees, shrubs, plants
and for other functional and decorative elements such as monuments,
sculptures, fountains and benches.
C.) Land Allocation.
Memorial parks/cemeteries should reserve areas for roads, pathways, parking
and other facilities and amenities. At least fifty (50%) percent of the saleable area
shall be utilized for underground interment in order to retain park-like character of
the project.
Section VII. PROCEDURE. The City Engineers Office plans for the whole public
cemetery scheme, make the program of works and cost estimates for the whole
construction of the said public cemetery. This project is subject to the approval of the
City Engineer, the City Health Officer and the Sangguniang Panlungsod. Monuments,
sepulchers, tombs, mausoleums, vaults, niches, chapels and fences may be duly
constructed on the premises solely by the management of the City Economic
Enterprise Development & Management Office (CEEDMO) per contact agreed upon by
both the buying party and the City.
Section VIII. DECLARATION OF POLICY.
A. COVERAGE. The provisions of this section shall apply to all unsold,
undisposed grave lots in the duly assigned Malaybalay City Memorial Parks and
Future Public Cemeteries and all those that may hereafter be acquired by the City of
Malaybalay.
B. ADMINISTRATION OF THE MALAYBALAY CITY MEMORIAL PARK AND FUTURE
PUBLIC CEMETERIES. The administration, operation and maintenance of all public
cemeteries within the territorial jurisdiction of the City of Malaybalay shall be under
the supervision of the City Economic Enterprise Development & Management Office
(CEEDMO), whose officer shall be the Cemetery Administrator, and the provisions of
this article shall be strictly enforced and complied with under the Cemetery
Administrator by the Memorial Grounds Operations Manager, Clerk and Utility
workers, to maintain the sanitation and cleanliness of the whole Cemetery Enterprise.
C. LOT CLASSIFICATION. All grave lots shall measure 1 x 2.50 meters whether
for children or adults. While niches may be classified differently and will measure
0.90x80x2.50 meters (inside dimension).
C.A. Columbariums shall measure an inside dimension of 0.40x0.40x0.80
meters. It will be repository for bones transferred from grave lots after
ten years and from niches after five years or more depending on the
request of heirs and kin. Bones from the grave lots and niches after ten
years will be transferred to the Columbariums.

D. LOT IDENTIFICATION. For purposes of identification and reference, lots in

the Malaybalay City public Cemetery and Memorial Parks be numbered consecutively
with the corresponding block numbers by the Cemetery Administration, in
accordance with the sketch plan prepared by the City Engineers Office.
E. LOT PRICE. Lots will be leased for Ten Thousand pesos (P10,000.00) for 15
years, after which the bones will be transferred to the columbariums paying fees of
P100.00.
E.A. If the kin so wishes, the heiurs can request for extension.
F. SALE OF GRAVE LOTS. Sale of grave lot or spaces for burials at the
Malaybalay City Public Cemetery and Memorial Park shall be per lot, in accordance
with the above lot classification.
F.1. Lots must be sold according to the actual needs or numbers of deceased
persons to be buried. No family plots or reservations shall be allowed.
G. PERIMETER NICHES. There shall be constructed niches for lease along the
perimeter fence, except the frontage thereof, if feasible and in all memorial parks to
be hereafter established, in accordance with the specification indicated in the
working plan prepared by the Office of the City Engineer.
There shall only be one kind of perimeter niche.
H. NICHE IDENTIFICATION. For purposes of identification and reference, niches
constructed along the perimeter fence shall be numbered consecutively with the
corresponding block numbers in the Cemetery Administration, as indicated in the
plan of the City Engineers Office.
I. NICHE RENTAL. Each space shall be leased at Three Thousand pesos
(P3,000.00) for ten years (10) after which a payment of Five Hundred pesos (P500.00)
will be agreed, prepaid for five years.
J. PAYMENT. The full lease amount of lots and niches must be paid prior to their
utilization or before use by the family of lessee.
K. PLACEMENT OF TOMBSTONE. The lessee is required to place a grave marker
and/or tombstone on the niche or in the following form :

Name
*Date of Birth
+ Date of Death

L. TOMBSTONE AND/OR MARKER REQUIREMENT. The grave marker and/or

tombstone shall be made in accordance with the approved plans and specification
prepared by the Office of the City Engineer. In no case, shall the construction of
niches or installation of the grave markers and/or tombstone be permitted, if the
same shall be made in the form other than that specified hereof.

M. AUTHORIZED PERSON/S SIGN CONTRACTS OF LEASE. The City mayor or his

duly authorized representative signs for and in behalf of the Malaybalay City
Government all contracts of lease which shall, among others include the name of the
lessee, civil status, nationality, address, relationship to the deceased, name of the
deceased relative, the lot or niche location and such other information or data as may
be necessary.
N. DUTY OF THE CEMETERY ADMINISTRATOR. It shall be the duty of the
Cemetery Administrator or the Officer in-Charge of the Cemetery Administration to
ensure the strict compliance and observance of the above provisions, before
releasing the lots/niche for sale/lease or the corresponding grave or tombstone, as
the case may be.
Section IX. REGULATION ON THE OPERATION AND SUPERVISION FEE ON FUNERAL
PARLORS, PRIVATELY OWNED PUBLIC CEMETERIES AND MEMORIAL PARKS.
9.A. AUTHORITY TO OPERATE FUNERAL PARLORS, PRIVATELY OWNED PUBLIC
CEMETERIES AND MEMORIAL PARKS.
a.)

The Sangguniang Panlungsod may grant the establishment and

operation of funeral parlors, privately owned public cemeteries and
memorial parks for a period of not exceeding twenty five (25) years.
Existing covered establishment shall automatically be granted permits to
operate subject to the conditions the Sangguniang Panlungsod may
adopt for their operations.

b.)

Funeral procession shall be made in coordination with the City

Traffic Management Office.

c.)

The rates of fees and charges including the sale of niches,

memorial lots and related services by funeral parlors, public cemeteries
and memorial parks shall be approved by the Sangguniang Panlungsod.

9.B. PAYMENT OF SUPERVISION FEE. The operation and management of funeral

parlors and private cemeteries and memorial parks shall be under the
supervision of the City Economic Enterprise Development & Management
Office (CEEDMO) in coordination with the City Health Officer and the owners
thereof shall pay an annual supervision fee of Five Hundred pesos (P500.00). If
the cemetery is city owned, personnel will be paid by the City as all incomes
from the City Cemetery will be remitted back to the City Treasurers Office.
9.C. ADMINISTRATIVE PROVISIONS. All funeral parlors, private/public cemeteries and
memorial parks shall strictly follow the provision of national laws and
issuances and City Ordinance relative to the care and disposition of dead
persons such as follows:
1. No remains shall be buried without a death certificate signed by the
attending physician.
2. The death certificate must be submitted to the City Civil Registrar within
forty-eight (48) hours after death.
3. Graves must be at least one by one and one-half (11/2) meters deep.

4. In case of death resulting from crime or violence, the remains shall not be
buried without permission from the City Prosecutor or any government
official authorized by law. In case of the absence of the Prosecutor, the City
Judge, City Mayor or Chief of Police can take his place.
5. Except when required by legal investigation or when permitted by City
Health authorities, no unembalmed remains shall stay unburied longer
than forty-eight (48) hours after death.
1. When cause of death is dangerous communicable disease, the remains
must be buried twelve (12) hours after death, the cadaver shall not be
taken to any place of public assembly and only adult members of the
family of the deceased may be permitted to attend the funeral.
7. Unclaimed remains shall be buried at the expense of the City Government
of Malaybalay or may be delivered to medical school or scientific
institution upon authority of the City Health Officer.
8. Disinterment or exhumation may only be permitted after a period of five (5)
years or less in cases that are very necessary, it may be granted on
instances of need with proper authorities present and investigation shall
be allowed if after exhumation, remains should be disinfected. When
completed the remains should be re-buried in an authorized burial area.
9. For deaths caused by dangerous communicable disease, disinterment may
be granted after five (5) years with the written authorization from the City
Health Office duly signed by the City Health Officer.
10. The City Health Office may allow earlier disinterment with the approval
from the City Mayor for the purpose not contrary to morale, customs or
public policy.
11. Cremation may only be undertaken with the approval of City Health Officer
and the rules and regulation that may be issued for such purpose
through the approval of the City Health Office under P.D. 856, known as
The Sanitation Code of the Philippines.
12. In the interim that remains of unclaimed corpses are to be needily buried,
they shall be buried at the common space especially marked for needs
like this.
13. An unclaimed corpse, for burial purposes, shall be certified to as such by
the City Social Welfare and Development (CSWD) based in a verified
certification from the Barangay Captain. In case of urgency, elected City
Officials may pass upon it by way of Certification.
Section X. SUPERVISION AND CONTROL.
1. The Office of the City Engineer, aside from the previously assigned responsibilities,
will delineate the grounds for grave lots/spaces for:
1. Marked common space for unclaimed corpses

2.
3.
4.
5.

Chapel for Mass and other ecumenical spaces

Common grave identified by a giant cross
Field Office / Guardhouse
Access roads and paths as delineated by the previously stated sections.

2. Use of Chapel. The Chapel can be used on the last night of burial for a fee but the
dead has to be buried before or at 9:00 A.M. of the following day to give allowance for
the use of others.
3. Families of the dead should be responsible for the cleanliness and sanitation of the
Chapel as well as the surroundings of the grave otherwise a penalty for this offense will
be served.
3.A. Each strategic area of the memorial park shall be provided with refuse
receptacles or containers, for biodegradable and non-biodegradable
materials with tight-fitting lids. It has to be fitted with black color
coded plastic bag for non-biodegradable and green color coded plastic
bag for biodegradable materials. Collection of refuse in these
receptacles shall be done by the Utility Workers of the burial ground.
3.B. Accumulation of refuse which may become harborage and breeding
places of vermin shall not be permitted at any given time.
3.C. For vermin control, a vermin abatement program shall be maintained,
Chapels, Office rooms, toilet rooms and other openings shall be
screened and/ or air-conditioned. Door shall be tight fitting and selfclosing, growth of bushes, weeds and grass shall be controlled to
prevent harborage of ticks, bugs and other noxious insects.
3.D. Adequate potable water supply should always be available in chapels,
office rooms and other areas that need it.
4. No drinking of liquor or intoxicating drinks or carousing of any kind are allowed at any
given time.
Penalty of One Thousand pesos (P1,000.00) or incarceration for three days.
5. No gambling is allowed. If found violating this section, there would be Penalty of One
Thousand pesos (P1,000.00) or incarceration of three days.
6. Pay toilets are found near the entrance. This is the only place where anyone can pee,
piss or defecate. The use of pay toilet with free tissue is five pesos (P5.00). Penalty is
Fifty pesos (P50.00).
7. Fees and charges. There shall be a collection of the following rental fees in a period of
ten to fifteen years.
A.) Permit fees for the Cadaver Disposition and Others.

1. Registration at the City Civil Registrar

-P

50.00

2. Burial Permit

- P 100.00

3. For exhumation of Cadavers within the Cemetery for transfer:

a. to Columbarium
b. for transfer to other Municipalities

- P 500.00
- P 500.00

c. transfer from other places outside Malaybalay City

- to the Citys niches (10 years)
- to the Citys Columbariums (5 years)

- P3,000.00
- P 1,500.00

4. Leases :
a. Lease of a Grave lot for fifteen years

-P 10,000.00

b. Lease of a niche for ten years

-P 3,000.00

c. Lease for a Columbarium for five years -P

500.00

Section XI. OTHER LAWS APPLICABLE. The operation and maintenance of the public
cemetery which will be established upon enaction of this ordinance shall be subject
to the provisions of the cemetery law and / or other pertinent laws as well as
implementing rules and regulations promulgated or as may be validly promulgated
by the Sangguniang Panlungsod and subject to additional guidelines of the City
Health Office.
Section XII. LIMITATIONS. No application shall be approved for the establishment of a
private burial ground or cemetery which shall be within a radius of five (5) kilometer
from another burial ground or memorial park type cemetery. Likewise, no
application shall be approved for the establishment of a private burial ground or
cemetery whose graves shall be within twenty-five (25) meters from any dwelling
house or existing subdivision. However, applications filed and pending before the
Sangguniang Panlungsod prior to the passage of this ordinance shall not come within
the purview of this section, in so far as the radius of five (5) kilometer distance
between cemeteries is concerned.
Section XIII. RESPONSIBILITY OF THE CITY. The establishment, maintenance and
operation of this area as a public cemetery shall be the responsibility of the City
Economic Enterprise Development & Management Office (CEEDMO) as an extended
area of community service and at the same time one of the City revenue earners.
Income will then be remitted to the City Treasurers Office.
13.A. The City Government shall utilize judiciously, grants, gifts, bequests of
property or financial donations for maintenance and improvement of
cemeteries.
13.B. Prepare quarterly cemetery reports and have these available to the City
Health Office upon request.
13.C. Provide adequate forms for the enforcement of Presidential Decree No.
856.

Section XIV. SEPARABILITY CLAUSE. If any part of any section of this ordinance shall
be declared illegal or contrary to law, such declaration shall not invalidate the other
provisions thereof which shall not be affected thereby.
Section XV. PENAL CLAUSE. Any violation of the provisions of this ordinance shall be
punished by a fine of not less than Five Hundred pesos (P500.00) but not more than
One Thousand pesos (P1,000.00) or imprisonment of not less than one (1) month but
not more than three (3) months or both, such fine or imprisonment at the discretion
of the court. Conviction under this ordinance shall be a ground for revocation of
contract and the transfer of the bones to the bone depository.
Section XVI. APPROVAL. This ordinance shall take effect upon its approval.
Section XVII. EFFECTIVITY. This ordinance shall take effect upon its enactment and
upon publication in a newspaper of local publication.
ENACTED.
---------------------------I HEREBY CERTIFY that the foregoing resolution is true.

CORAZON VILLANUEVA ITCHON

Sangguniang Panlungsod Secretary
APPROVED, AUGUST 9, 2005:

MANUEL L. DINLAYAN
City Councilor
Temporary Presiding Officer
CMBARROSO/vas/mlb